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RCSH (NA)     16 November 2009

498A quashing

Hello, Recently my estranged wife and me approached the mediation center where we have finally signed a MOA (MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2007). The terms and conditions of the MOA are that she would withdraw all allegations against me and then cooperate by being present in the court for the 498A quashing (she had filed this sometime ago and the case has not yet been chargesheeted). After the quashing is done, then we'll appear before the family court judge for a divorce decree.

However, she is now not cooperating. My lawyer filed a 482 petition in the High Court here and on the first hearing she was not present and hence the court issued summons to her which we hand-delivered to her. After this at the next date too she was not present. The judge has given another date now for next monday. The divorce date is immediately on the next day and my guess is that she will get the divorce decree and she will fly out of India leaving me and my family stranded fighting this case. (she did her masters abroad and now seems to be getting a job there).

What do I do to make her appear in court in person on the next date now?



Learning

 3 Replies

Kiran Kumar (Lawyer)     16 November 2009

if she runs away, even then u should not worry, the court will have to discharge/ acquit u in the absence of evidence.

 

and if u still feel afraid then u may backtrack from ur statement for divorce or compel her for her appearance before the high court.

 

u may also talk to her, politely, to cooperate because ultimately things will be favourable to both of u....if she insists then arrange some lawyer for her in high court as well.

Sreekumar.R (advocate)     17 November 2009

If the lady is intentionally not appearing, then your counsel may press for a quashing on the ground that the opp.party does not have any valid defense and prolonging will result in your unnecessary harassment

Hardik Mehta (Family Counsellor)     24 November 2009

Sreekumar,

You can get the case quashed on the basis of MOU. Then you need to apply for the divorce if she is not co-operating then you will get the ex-parte divorce. This will be some hassel to you.


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